PERSONS- ASSIGNMENT

1.
ALMA, a Filipino went to the US as tourist. Wanting t o legalize her stay and
obtain permanent employment, she married JOHN, an American for a fee, with the
understanding that after a year, JOHN would divorce her. As agreed upon, the two
obtained a divorce in Reno, Nevada.
a.

Suppose that after the divorce Alma consults you on the question of
how she can now marry her childhood sweetheart RENE in the
Philippines preferably, or if that cannot be done, in some other
country where ALMA and RENE are prepared to go so that they can be
joined in wedlock and live the life they had dreamed about. What
about will you give ALMA. Explain.

b.

Suppose on the other hand that ALMA and HOHN decided to give their
marriage a try. They had 7 years of marriage . ALMA eventually
became an American citizen, but the marriage soured and ended up in
divorce, just the same. This time, ALMA wants a marriage for keeps,
so she comes back to the Philippines to RENE who, ever faithful, has
waited for 7 long years. Can she and RENE contract a valid marriage?
Explain.

2.
Spouses MARTIN and TECLA bought a parcel of land on installment. At the
time the total sale price was paid. MARTIN had left the conjugal abode and was
cohabiting with TINA. Notwithstanding such separation, TECLA religiously paid the
installments as they fell due out of her earnings from a small sari-sari store. After
the total purchase price had been paid, MARTIN had the property titled in the name
of MARTIN married to TINA. TECLA died and her two children by MARTIN
demanded partition of the property and their mothers share, MARTIN and TINA
refused, claiming that the property belonged to their conjugal partnership. No
proof was presented that MARTIN married TINA during or after the death of TECLA.
To whom does the property titled in the name of MARTIN married to TINA belong?
How would the property be divided among MARTIN, the two children of MARTIN
and TECLA and TINA? Explain.
3.
LINA married HUGO in a church ceremony, HUGO discovered that five (5)
years before, LINA married SIXTO in a civil ceremony. LINA however, did not know
at the time she married SIXTO that the latter was already married. Upon learning
that SIXTO was already married, LINA immediately left SIXTO and since then had
not seen nor heard from him. LINA, however, did not take any step to have her
marriage with SIXTO annulled before she married HUGO. Could HUGO successfully
sue for a declaration of nullity of his marriage with LINA? Explain.
4.
MANNY and NITA, husband and wife, decided to separate by mutual
agreement. They had a contract prepared, signed it and had it notarized, providing
for their separation and for the extra-judicial liquidation of their conjugal assets.

They likewise agreed to live separately and that if either spouse should find a more
compatible partner, the other would raise no objection and would refrain from
taking any judicial action against the other. Determine the validity of each of the
provisions of the agreement. Explain briefly.
5.
Gina and Bryan were married on July 3, 1989. On March 4, 2001, the
marriage, which bore no offspring, was declared void ab initio under Article 36 of
the Family Code. At the time of the dissolution of the marriage, the couple
possessed the following properties:
*
A house and lot acquired by Bryan on August 3, 1988, 1/3 of the
purchase price (representing down payment) of which he paid; 1/3 was paid
by Gina on February 14, 1990 out of a cash given to her by her parents on her
graduation on April 6, 1989; and the balance was aid out of the spouses joint
income; and
*
An apartment unit donated to Bryan by an uncle on June 19, 1987.
A.
B.

Who owns the foregoing properties? Explain.

If Gina and Bryan got married on July 3, 1987 and their
marriage was dissolved in 2007, who owns the properties.
Explain.

6.
In December 2000, MICHAEL and ANNA, after obtaining a valid marriage
license, went to the Office of the Mayor of Bocaue, Bulacan to get married. The
Mayor was not there, but the Mayors secretary asked MICHAEL and ANNA and their
witnesses to fill up and sign the required marriage contract forms. The secretary
then told them to wait, and went out to look for the Mayor who was attending a
wedding in a neighboring municipality.
When the secretary caught up with the Mayor at the wedding reception, she
showed him the marriage contract forms and told him that the couple and their
witnesses were waiting in his office. The Mayor forthwith signed all the copies of
the marriage contract, gave them to the secretary who returned to the Mayors
office. She then gave copies of the marriage contract to the parties, and told
MICHAEL and ANNA that they were already married. Thereafter, the couple lived
together as husband and wife, and had three (3) sons.
A.
B.

Is the marriage of MICHAEL and ANNA valid, voidable, or void?

Explain your answer
What is the status of the three (3) children of MICHAEL and ANNA

7.
Ana Rivera had a husband, a Filipino citizen like her, who was among the
passengers on board a commercial jet plane which crashed in the Atlantic Ocean ten
(10) years earlier and had never been heard of ever since. Believing that her
husband had died, Ana married Adolf Cruz Staedtler, a divorced German national
born of a German father and a Filipino mother residing in Stuttgart. To avoid being

required to submit the required certificate of capacity to marry from the German
Embassy in Manila, Adolf stated in the application for marriage license that he was a
Filipino citizen. With the marriage license stating that Adolf was a Filipino, the
couple got married in a ceremony officiated by the Parish Priest of Calamba, Laguna
in a beach in Nasugbu, Batangas, as the local pries refused to solemnize marriage
except in his church. Is the marriage valid? Explain fully.
8.
At age 18, Marian found out that she was pregnant. She insured her own life
and named her unborn child as her sole beneficiary. When she was already due to
give birth, she and her boyfriend Pietro, the father of her unborn child, were
kidnapped in a resort in Bataan where they were vacationing. The military gave
chase and after one week, they were found in an abandoned hut in Cavite. Marian
and Pietro were hacked with bolos. Marian and the baby she delivered were both
found dead, with the babys umbilical cord already cut. Pietro survived.
A.
Can MARIANs baby be the beneficiary of the insurance taken on the
life of the mother?
B.
Between MARIAN and the baby, who is presumed to have died ahead?
C.
Will PIETRO, as surviving biological father of the baby be entitled to
claim the proceeds of the life insurance on the life of MARIAN?
9.
RODERICK and FAYE were high school sweethearts. When RODERICK was
18 and FAYE, 16 years old, they started to live together as husband and wife without
the benefit of marriage. When FAYE reached 18 years of age, her parents forcibly
took her back and arranged for her marriage to BRAD. Although FAYE lived with
BRAD after the marriage, RODERICK continued to regularly visit FAYE while BRAD
was away at work. During their marriage, FAYE gave birth to a baby girl LAICA.
When FAYE was 25 years old, BRAD discovered her continued liaison with
RODERICK and in one of their heated arguments, FAYE shot BRAD to death. She lost
no time in marrying her true love RODERICK, without a marriage license, claiming
that they have been continuously cohabiting for more than five (5) years.
A.
Was the marriage of RODERICK and FAYE valid?
10.
Choose the spouse listed below who is psychologically incapacitated.
Explain.
A.
Nagger
B.
Gay or lesbian
C.
Congenital sexual pervert
D.
Gambler
E.
Alcoholic